Vietnam legal practice comparative analysis

8/9/2019 Vietnam legal practice comparative analysis

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Part 1: Introduction

Legal system is different from a country to countrybecause of differences in history, socio-political and economicconditions. In other words, the nature of legal system of a countrydepends on the nature of its social system established in law. (Dr.Phan Thi Lan Huong , Hanoi Law ni!ersity"

The di!ersity in the legal traditions of the different#ember $tates stemming from different histories and culturesposes a challenge to the integration of %$&%' Law into a local lawcurriculum. (autista, )**+"

Thus, in this study it is essential to present facts aboutietnam in order to determine and construct a proper feasible plan

in order for %$&%' integration specifically the practice of law in themember state possible.

A. Socialist Republic of Vietnam: Country Profile

fficially the $ocialist epublic of ietnam (/0ng h1a 23 h0ich4 ngh5a i6t 'am" with an estimated 7*.8 million inhabitants asof )*9), it is the world:s 98th-most-populous country, and theeighth-most-populous %sian country.

Geography

ietnam is the easternmost country on the Indochina Peninsulain $outheast %sia. The country is bordered by /hina to the north,Laos to the northwest, /ambodia to the $outhwest, and the $outh/hina $ea to the east. Its capital city has been Hanoi since thereunification of 'orth and $outh ietnam in 97;+.Long and narrowon a north-south aong i!er delta lies in the south.

conomy

The economy is much stronger than those of /ambodia, Laos,and other neighbouring de!eloping countries. Li>e most


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/ommunist countries around the world, there is a fine balancebetween allowing foreign in!estors and opening up the mar>et.

ut in order to cope with other democratic countries.

ietnam introduced some elements of capitalism which is calledi mi(reno!ation". The policy has pro!ed highly successful,with ietnam recording near 9*? growth yearly (e


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$istorical !imelime

$mall ietnamese >ingdom of %u Lac, located in the heartof the ed i!er !alley, was founded by a line of legendary

>ings who had ruled o!er the ancient >ingdom of an Lang forthousands of years.the early peoples of the ed i!er delta area may ha!e

been among the first &ast %sians to practice agriculture, and bythe 9st century / they had achie!ed a relati!ely ad!ancedle!el of ron=e %ge ci!ili=ation.

the first ruler of ietnam was Hung uong, who foundedthe nation in )E;7 ./. /hina ruled the nation then >nown as'am iet as a !assal state from 999 ./. until the 9Ath century,

an era of nationalistic e


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The /hinese language was introduced as the medium ofofficial and literary eenlanguage. /hinese art, architecture, and music e, howe!er, and in %D 8 ietnamwere reconuered.

uropean %ploration

/enturies later, the Portuguese were the first &uropeansto enter the area. France established its influence early in the97th century, and within E* years it conuered the three regionsinto which the country was then di!ided/ochin-/hina in thesouth, %nnam in the central region, and Ton>in in the north.

France e


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$ economic and military aid to $outh ietnam grewthrough the 97+*s in an attempt to bolster the $outhernietnam go!ernment, escalating into the dispatch of A**,***

%merican troops in 97++.

n %pril 8*, 97;A, a 'orth ietnamese tan> dro!e into the$outh:s Presidential Palace in Ho /hi #inh /ity and the warended. %n estimated 8 million ietnamese and o!er AAthousand %mericans were >illed.

1'()* Present

In the aftermath of the war, under LQ DuRn:sadministration, the go!ernment embar>ed on a mass campaign

of collecti!i=ation of farms and factories. This caused aneconomic collapse and resulted in triple-digit inflation.

econstruction of the war-ra!aged country was slow, andserious humanitarian and economic problems confronted thecommunist regime.

Go+ernment and Politics

Political Culture

ietnam is a one party authoritarian (single-party socialistrepublic framewor>" state.

ietnam:s political culture has been determined by anumber of factors of which communism is but the latest. Thecountry:s political tradition is one of applying borrowed ideas toindigenous conditions. In many ways, #ar


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The President is the Head of $tate wherein e


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The ietnamese legislature is the unicameral. Theparliament adopted the current /onstitution of ietnam, itsfourth, on 9A %pril 977), and it has been amended once sincethen. The 'ational %ssembly has A** members, elected by

popular !ote to ser!e four-year terms. The legislature is,according to the constitution, the highest organ of the state.Deputies (members" of the 'ational %ssembly are electedthrough secret ballots in democratic elections which are helde!ery fifth year. $tanding /ommittee consists of the chairman,deputy chairmen and other membersC these members areelected by the 'ational %ssembly. $tanding /ommitteemembers cannot simultaneously be members of the

o!ernment. #embers wor> on a full-time basis, and theirterms of office correspond with the term of the 'ational%ssembly. There are se!en committees of the 'ational%ssembly. /ommittee membership is determined by the'ational %ssembly. They are responsible for the studying ande


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The structureS /ouncil of Wudges, /ommission ofWudges, /entral #ilitary /ourt, /riminal /ourt, /i!il /ourt,

%ppeal /ourt, and assisting staff.

The 'ational %ssembly elects and dismisses the /hiefWudge of the $upreme PeopleBs /ourt. The $tate PresidentnominatesXdismisses Deputy /hief Wudge and @udges at the/hief WudgeBs reuest. The PeopleBs Wurors are introducedby the /entral /ommittee of the i6t 'am Fatherland Frontand appointed by the 'ational %ssembly $tanding/ommittee.

#ain operating principles of courtsS during the

hearings, the @udges and @urors are independent and onlyobey the laws. Wustice and democracy are ensured by theopen hearing process, in which @urors play an essential roleCdefendants ha!e the right to defend themsel!es, or to hirelawyers. They also ha!e the right to use their nati!elanguages in courts.

There are other specialised courts in ietnam,

including the /entral #ilitary /ourt, the /riminal /ourt, the/i!il /ourt and the %ppeal /ourt. The $upreme People:sProcuracy obser!es the implementation of state organs andma>es sure that ietnamese citi=ens follow the law.

/egal 0rameor2

The current constitution was adopted on 9A %pril 977)by the 'ational %ssembly of ietnam. There ha!e been three

other constitutions in ietnamese historyS the 97+, 97A7and 97E* constitutions. The current constitution has beenamended once, during the 9*th session of the 'ational

%ssembly on )A December )**9. The /ommunist Party ofietnam, the leading non-$tate organ, operates inaccordance with the laws. o!ernment powers in ietnam


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are di!ided into legislati!e, ee use of state power through the agency of the 'ational%ssembly and the People:s /ouncils, which represent thewill and aspirations of the people, are elected by them andresponsible to themY. Deputies (members" of the 'ational

%ssembly are directly elected on a democratic basis throughsecret ballots.

%ll citi=ens who are 9E or older, regardless of ethnicgroup, gender, social position, belief, religion, le!el ofeducation, occupation or length of residency ha!e the rightto !ote, the e


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The pro!inces are di!ided into districts, pro!incial citiesand townsC cities under direct rule are di!ided into towns,urban and rural districts. In turn, the district is di!ided intocommunes and townlets. In the pro!inces, the People:s

/ouncil is the Ylocal organ of $tate powerY, and it representsthe Yaspirations, and mastery of the peopleY. AE pro!inces,There are also fi!e municipalities, which are administrati!elyon the same le!el as pro!inces.

0oreign Policy and 0oreign Relations

ietnam (now $ocialist epublic of ietnam" hasdiplomatic relationship with 9E* nations all o!er the world,

included permanent members of nited 'ations $ecurity/ouncil.

econstruction of the war-ra!aged country was slow, andserious humanitarian and economic problems confronted thecommunist regime.

ietnam:s foreign policyS Implement consistently theforeign policy line of independence, self-reliance, peace,cooperation and de!elopmentC the foreign policy of openness

and di!ersification and multilaterali=ation of internationalrelations. Proacti!ely and acti!ely engage in internationaleconomic integration while eing part ininternational and regional cooperation processes. Deepen,stabili=e and sustain the established international relations.De!elop relations with countries and territories in the world andinternational organi=ations in the principles of respect for each

other:s independence, so!ereignty and territorial integrity, non-interference in each other:s international affairsC non-use orthreat of forceC settlement of disagreements and disputes bymeans of peaceful negotiationsC mutual respect, euality andmutual benefit.


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The 97E* /onstitution was a mirror image of a $o!iet

nion style constitution. It e


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!arious types of legislation issued by competent agencies in

written forms.

In addition, /ommunist Party has played leading role in

all aspects therefore legal system is under influences of PartyBs

policies. Therefore, law cannot conflict with PartyBs policies. It

becomes one of a condition of legal !alidity in ietnam that is

also different from other countries.

$ocio-economic conditions ha!e affected significantly on

legal system. Legal system must respond to the changes of

socio-economic conditions.

The 977) /onstitution replaced for the 97E* /onstitution

with the main focus on the open mar>et under socialist oriented

economy. The rule of law, clearly distribution of state functions

(legislati!e, e


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strategy calls for a modern transition to the rule of law and a

mar>et-based economy, and lays out a strategy to de!elop

ietnamBs laws as well as impro!e their application and

ee the

%$&%' integration specifically the practice of law in %$&%'nations feasible.

$ources of law in ietnam is defined as all

fundamentalXbasic elements used by authori=ed entities forde!eloping, promulgating, interpreting a laws as well as forapplying in dealing with a specific case in practices. $ourcesof law are di!ided into two ma@or typesS 9" PartyBs PolicyC&conomic PoliciesC and Legal Phylosophy (nguon noi dung" arefundamental elements shape the nature of legal system (refers


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to natural sources of law"C )" general legal principlesC the writtenlegal documentsC international treatiesC customary regulationsCand @udicial decisions (nguon hon hop" are fundamentalelements for interpretation and application of laws in practice

(refers to statutory sources of law".

Legal documents are the main sources of lawS

ietnam has a ci!il law systemC therefore sources of lawinclude mainly written laws. Law refers to !arious types oflegislationC therefore sources of law included many types oflegal document issued by competent agencies as prescribed byLaw on Laws )**E. The sources of law include the following

documents (%rticle ), Law on Laws )**E"9. /onstitution, laws and resolutions of the 'ational

%ssembly.

). rdinances and resolutions of the $tanding /ommittee ofthe 'ational %ssembly.

8. rders and decisions of the $tate President.

. Decrees of the o!ernment.A. Decisions of the Prime #inister.

+. esolutions of the WusticesB /ouncil of the $upremePeopleBs /ourt and circulars of the /hief Wustice of the$upreme PeopleBs /ourt.

;. /irculars of the President of the $upreme PeopleBsProcuracy.

E. /irculars of #inisters or Heads of #inistry-eui!alent%gencies.

7. Decisions of the $tate %uditor eneral.


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9*. Woint resolutions of the $tanding /ommittee of the'ational %ssembly or the o!ernment and the central offices ofsocio-political organi=ations.

99. Woint circulars of the /hief Wustice of the $upremePeopleBs /ourt and the President of the $upreme PeopleBsProcuracyC those of #inisters or Heads of #inistry-eui!alent

%gencies and the /hief Wustice of the $upreme PeopleBs /ourt,the President of the $upreme PeopleBs ProcuracyC those of#inisters or Heads of #inistry-eui!alent %gencies.

9). Legal documents of PeopleBs /ouncils and PeopleBs/ommittees.

The sources of law include 9) legal documents which areformed hierarchical legal !alidity in principle. The /onstitutionhas the highest legal !alidity in national legal system. %ll legaldocuments must be consistent with /onstitution and legaldocuments issued by the higher state organs. If a legaldocument issued by the lower state organ is inconsistent with/onstitution and legal document issued by higher state organs,the higher state organ will hold power to suspend it.

udicial precedents

In principle, @udicial precedents are not defined as asource of law. Howe!er, $upreme /ourt has published materialon the way it has dealt with cases and in!ol!ed in training

@udges in interpreting laws. $upreme /ourt holds power toissue circular for pro!iding guidelines on implementation ofparticular law for lower court. This circular is defined as a

source of law.

ZThere is no doctrine of binding precedent, although as amatter of practice, the PeopleBs /ourts must follow the $upreme/ourtBs guidelines produced in the form of Zresolutions[ or


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Zconclusion reports[, which ha!e binding effect upon not onlyinferior courts, but also go!ernment authorities[.

International treaties5Con+entions

To be a source of law, international treatiesXcon!entionsmust be ratified by ietnam. International treatiesXcon!entionsbecome sources of law if they are applied directly or indirectly indealing with specific case in ietnam. In general, ietnam ofteninterprets international treaties into domestic laws as a way ofimplementation international treaties in ietnam. For e


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uic>ly to the changes of socio-economy but also raises manychallenges to process of reforming legal system in ietnam.

!he court system

The court system of ietnam is hierarchical including the$upreme PeopleBs /ourt, Pro!incial PeopleBs /ourts andDistrict PeopleBs /ourts. /onstitution )*98, %rticle 9*) pro!idesthatS

9. The peopleBs courts are the @udicial organ of the $ocialistepublic of ietnam, e


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criminal cases (first-instance cases". District court include one chief@ustice, one or two deputy chief @usticeC @udges, @urors, and cler>s.

ietnam adopts the system of two-instance trials. If a party

does not agree with @udgment of the first-instance court, sheXhe mayappeal to the second-instance court for further trial. The decision ofthe second instance court is the final and must be enforced. The

@urisdiction of court is determined by territory, le!el of trial and thenature of case in uestion.

/hief Wustice of the $upreme PeopleBs /ourt e


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Legal training is also influenced by legal traditional and socio-politicalconditions. %fter reunification, the first legal training institution wasestablished therefore ietnam does not ha!e long tradition of law teaching.During centrally-planned economy, legal training was influenced

significantly by $o!iet thin>ing, which is considered as irrele!ant to newsocio-economic conditions in ietnam. (Huong"

/ayers

Law on Lawyers of ietnam defines thatS ZLawyers are persons whofully the meet the criteria and conditions for professional practice under thepro!isions of this Law and pro!ide legal ser!ices at the reuest ofindi!iduals, agencies or organi=ations (hereinafter collecti!ely referred to as

clients"[ (%rticle )".Law on Lawyer was adopted in )**+, which pro!ided wor>ing conditions oflawyers in ietnam. This law was re!ised in )*9). /riteria of lawyers aredefined by %rticle 9* (Law on Lawyers )**+" as followsS

Article 10. -Criteria of lawyers

Vietnamese citizens who are loyal to the Fatherland, observe the

Constitution and law, have good moral qualities, possess a law bachelordiploma, have been trained in legal profession, have gone through the

probation of legal profession and have good health for law practice may

become lawyers.

Article 11. -Conditions for law practice

A person who meets all the criteria specified in Article 1 of this !aw, if

wishing to practice law, must possess a law practice certificate and "oin a

bar association.


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I. ietnamese citi=ens

Mho are ietnamese citi=ens_ These pro!isions of the Law on the

ietnamese 'ationality will enumerate who are ietnamese citi=ens arethe followingS

%rticle I

#Vietnamese nationality reflects the cohesive relationship

between individuals and the $tate of the $ocialist %epublic of

Vietnam, giving rise to rights and obligations of Vietnamese citizens

toward the $tate and rights and responsibilities of the $tate of the

$ocialist %epublic of Vietnam toward Vietnamese citizens.&

%rticle

#'he $tate of the $ocialist %epublic of Vietnam recognizes that

Vietnamese citizens have a single nationality, Vietnamese nationality,

unless it is otherwise provided for by this !aw.&

%rticle A Paragraph (9"

#(ersons who hold Vietnamese nationality are Vietnamesecitizens.&

%rticle 98. Persons ha!ing ietnamese nationality

9. Persons ha!ing ietnamese nationality include those whoha!e ietnamese nationality by the effecti!e date of this Law andthose who acuire ietnamese nationality under this Law.

). !erseas ietnamese who ha!e not yet lost ietnamese

nationality as prescribed by ietnamese law before the effecti!e dateof this Law may retain their ietnamese nationality and within A yearsafter the effecti!e date of this Law, shall ma>e registration witho!erseas ietnamese representati!e missions to retain ietnamesenationality.


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The o!ernment shall specify the order of and procedures forregistration for retention of ietnamese nationality.

%rticle 9. rounds for identification of persons ha!ing ietnamese

nationality% person is determined to ha!e ietnamese nationality on one

of the following groundsS

9. y birth, as prescribed in %rticles 9A, 9+ and 9; of this LawC

Article 1)

#A child born inside or outside the Vietnamese territory whoseparents, at the time of his*her birth, are both Vietnamese citizenshas Vietnamese nationality.&

Article 1+.

#1. A child born inside or outside the Vietnamese territory either ofwhose parents is a Vietnamese citizen and the other is a stateless

person at the time of his*her birth or whose mother, at the time ofhis*her birth, is a Vietnamese citizen and whose father isunnown, has Vietnamese nationality.

-.A child either of whose parents is a Vietnamese citizen at thetime of his*her birth and the other is a foreign national has the

Vietnamese nationality if so agreed in writing by his*her parents at

the time of birth registration. n case a child is born in the

Vietnamese territory but his*her parents fail to reach an agreement

on the selection of his*her nationality, the child has Vietnamese

nationality.&

Article 1/.

#1. A child born in the Vietnamese territory whose parents, at the

time of his*her birth, are both stateless persons with a permanent

residence in Vietnam has Vietnamese nationality.


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-. A child born in the Vietnamese territory whose mother, at the

time of his*her birth, is a stateless person with a permanent

residence in Vietnam and whose father is unnown, has

Vietnamese nationality.&

). Ha!ing been naturali=ed in ietnamC

8. Ha!ing ietnamese nationality restoredC

. on the grounds defined in %rticles 9E, 8A and 8; of this LawC

Article 10. 'he nationality of abandoned newborns and childrenfound in the Vietnamese territory

1. Abandoned newborns and children found in the Vietnameseterritory whose parents are unnown, have Vietnamesenationality.

-. A child specified in Clause 1 of this Article who is aged underfull 1) years will no longer have Vietnamese nationality in thefollowing cases

a* 2e*she has found his*her parents who hold single foreignnationality3

b* 2e*she has found his*her mother or father who holds singleforeign nationality.

Article 4). 5ationality of minor children upon their parents6naturalization in Vietnam, restoration or renunciation ofVietnamese nationality

1. 7hen the nationality of the parents changes as a results ofnaturalization in Vietnam, restoration or renunciation ofVietnamese nationality, the nationality of the minor child who isliving with his*her parents will be changed accordingly.

-. 7hen only one parent is permitted for naturalization inVietnam, restoration or renunciation of Vietnamese nationality,


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the minor child who is living with that person will acquireVietnamese nationality or lose his*her Vietnamese nationality, ifso agreed in writing by his*her parents.

n case a parent is permitted for naturalization in Vietnam orrestoration of Vietnamese nationality, the minor child who isliving with that person will also acquire Vietnamese nationality,if his*her parents fail to reach a written agreement on theretention of their child6s foreign nationality.

4. Change of the nationality of persons aged between full 1)and under 10 years under Clauses 1 and -, this Article, issub"ect to these persons6 consent.

%rticle 8;. 'ationality of adopted minor children

9. % child who is a ietnamese citi=en and adopted by aforeigner will retain hisXher ietnamese nationality.

). % child who is a foreign national and adopted by aietnamese citi=en will acuire ietnamese nationality from thedate a competent ietnamese agency appro!es the adoption.

8. % child who is a foreign national and adopted by parents oneof whom is a ietnamese citi=en and the other is a foreignnational may be permitted for naturali=ation in ietnamaccording to the application for ietnamese nationality filed byhisX her adopti!e parents and is ee %rticle 9 paragraph A on the Law of'ationality of ietnam which can consider other foreign persons to


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acuire ietnamese nationality. i!en that they are ietnamesenationals they are also ietnamese citi=en because of the'ationality Principle which ma>es ietnamese nationals to be aietnamese citi=en also.

II. Demonstrate loyalty to the motherland and the /onstitution of the$ocialist epublic of ietnamC

III. bser!e the /onstitution and lawC

euirement two and three is the same in the Philippineswhere a lawyerBs obligation is to uphold the constitution which is thefundamental law of the land.

I. Ha!e good moral ualitiesC

euirement is also a reuirement in the admission to the arin the Philippines.

. Possess a law bachelor degreeC

euirement A is also present in the reuirements for

admission to the % in the Philippines because legaleducation is !ery !ital in the practice of law.

I. Ha!e been trained in legal professionC

Article 1- -!awyer training 8!aw on !awyers of Vietnam9

1. A person who possesses a law bachelor diploma may register to

participate in a lawyer:training course at a lawyer:training

establishment.

-. 'he lawyer:training duration is si; months.


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A person who completes the lawyer:training program shall be granted

a graduation certificate by the concerned lawyer:training

establishment.

4. 'he . 'he ?overnment shall provide for lawyer:training establishments.

II. Ha!e gone through the probation of legal professionC

%rticle 9- Law practice probation (Law on Lawyers"

9. Persons who possess lawyer-training certificates may ta>eprobation at law-practicing organi=ations.

nless it is reduced according to the pro!isions of /lauses ) and 8,%rticle 9+ of this Law, the law practice probation lasts 9E months. Theprobation duration is counted from the date of probation registrationat a bar association.

Law-practicing organi=ations shall assign lawyers to guide

probationers in the practice of law.

). Law probationers shall register their probation with the barassociations of localities where law-practicing organi=ations in whichthey are ta>ing probation are based.

ar associations shall o!ersee the obser!ance of the egulation onlaw practice probation.

8. Law probationers may assist instructing lawyers in professionalacti!itiesC must neither accept nor pro!ide legal ser!ices for clients.

. pon the e


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send those comments to the bar associations where they registertheir probation.

A. The law-practice probation shall comply with the rele!ant

egulation promulgated @ointly by the Wustice #inistry and thenational lawyers: organi=ation.

euirement fi!e and si< are not reuired in the Philippines because ourlegal education and preparation focuses in passing the ar which connotesthat if you passed the % you ha!e all the faculties needed in order foryou to competently practice Law.

III. Ha!e good health for law practice

In general, to practice law, lawyers must be licensed by ar %ssociation ifheXshe meets the following conditionsS

% lawyer training course lasting 9) months which is certificated by the

ietnam Wudicial %cademyC % 9) month practical training at any law firmC They must pass the national e


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d* A copy of the law bachelor or master diploma3

e* A copy of the lawyer:training certificate or paper evidencing the

lawyer:training e;emption according to the provisions of Clause >,

Article 14 of this !aw3

f* A copy of the law practice:probation certificate3

g* A health certificate.

7ithin / woring days after receiving a complete dossier, the

managing board of the concerned bar association shall send,

together with the dossier, a written proposal for the grant of a law

practice certificate to the


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the managing boards of concerned bar associations thereof in

writing, clearly stating the reasons therefor.

f their applications for law practice certificates are re"ected, the

applicants may lodge complaints in accordance with law.

>. (ersons falling in one of the following cases are not granted law

practice certificates

a* 7oring as cadres, officials or civil servants3 as officers,

professional personnel or defense worers agencies or units of the

people@s army3 as commanding or professional officers or non:

commissioned officers in agencies or units of the people@s security

forces3

b* 5ot permanently residing in Vietnam3

c* eing e;amined for penal liability3 having been sentenced for

unintentional crimes or less serious intentional crimes and their

criminal records have not yet been remitted3 having been sentenced

for serious, very serious or particularly serious intentional crimes3

d* eing confined to a medical treatment establishment orreformatory as an administrative sanctioning measure or to

administrative probation3

e* 2aving lost their civil act capacity or having a restricted civil act

capacity3

f* 'he persons defined at (oint a of this Clause who have been

dismissed for under three years, counting from the date the dismissal

decision taes effect.

The ar association of the area in which the lawyer practices issues a

license to the member.


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The ietnamese Lawyers %ssociation (ietnamese LawyersFederation" established in )**7 as the national ar %ssociation whichincludes local ar %ssociation established at each pro!ince. Pro!incialar %ssociations are established after consideration of #inistry of

Wustice and a decision by PeopleBs /ommittee. #inistry of Wustice holdspower to regulate the legal profession of lawyers in ietnam. #inistry ofWustice has a speciali=ed department for administration of ar

%ssociations.

ietnam has a relati!ely young structural organi=ation of itslegislature and legal profession. Lawyers were not considered to be:professionals: until the last decade. Howe!er, after the implementationof the /onstitution and a more rigid legal hierarchy, they ha!e been

afforded a higher profile within ietnam. The raised profile of lawyerswithin ietnam has emphasi=ed their role on a global scale. This ise!ident in ietnam:s accession to the Morld Trade rgani=ation, whichhas in turn encouraged in!estment in the country. The continuingde!elopment of the legal system and profession in ietnam will beinteresting to obser!e. (httpSXXwww.ibanet.orgX"

0oreigner8s Practice of /a

nli>e in the Philippines Foreign Practice of Law is allowed. Mhenietnam @oined the Morld Trade rgani=ation in )**; and has madespecific commitments for legal ser!ices.

Pro!ided they register with the #inistry of Wustice, foreign law firmscan operate in ietnam in the following waysS

%s a branch of foreign lawyers: organi=ation %s a subsidiary of a foreign lawyers: organi=ation

%s a foreign law firm %s a partnership between a foreign lawyers: organi=ation and a

ietnamese law partnership

'ote that foreign law firms can ad!ise on ietnamese law only if theyemploy ualified local lawyers.


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Foreign Lawyers can practice in ietnam byS

$ubmitting a written account of reuest for a Practising License

in ietnam to #inistry of Wustice.

The account must include certification that they are ualified ina foreign @urisdiction, that they belong to a foreign lawyerBsorgani=ation designated to practice the legal profession in iet'am or papers certifying recruitment by a ietnam-basedforeign lawyerBs profession-practicing organi=ation.

%fter recei!ing these documents and the reuired fee, the

#inistry of Wustice can grant the Practicing License in ietnamto the foreign lawyer. If the #inistry of Wustice refuses to do so,it is reuired to gi!e notice in writing.


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Part 9: Conclusion Recommendations for ASA- integration

beteen the Philippines and Vietnam to allo cross*border practice in

the ASA- region.

The first part of this study has established how rich and different thesocio-cultural and political landscape of ietnam. Furthermore, the secondpart of this study has laid down the reuirements for the admission to thebar of ietnam and compared to the reuirements in Philippines. 'ow inthis last part of this study the researcher will present a feasible plan in orderfor the %$&%' integration specifically the cross-border practice of law ispracticable. The plan has to be de!eloped in sufficient detail to demonstrate

that it can meet the alleged needs and that it can produce the claimedad!antages.

I. %gency

The agency that must be responsible for the carrying outof the %$&%' integration specifically the cross-border practiceof law between ietnam and the Philippines are their respecti!e

legislati!e bodies which will ratify treaties that would be createdin the process and also amend their domestic laws which mayin conflict with proposed plan.

%nd also those bodies which has regulatory authority o!erthe Practice of Law in the Philippines and in ietnam.

II. %ction Plan

%rticle A Paragraph ) of the %$&%' /harter it pro!ides thatS

#=ember $tates shall tae all necessary measures,

including the enactment of appropriate domestic legislation, to

effectively implement the provisions of this Charter and to

comply with all obligations of membership.&


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Howe!er, there are areas of concerns that would present theconflicting issues in relation to the integration of %$&%' nationsspecifically the cross-border practice of law in the %$&%' regionand they are as followsS

Practice of Law in the Philippines is eeep oncoming, and it is uite absurd to continue belie!ing that thelegal profession will be immune to such change.[


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%s discussed in the pre!ious part of this study ietnamhas allowed foreign practice of law in their country.

Thus with the mandate of the %$&%' charter and the

growing demands of %$&%' integration there is a need the$upreme as the sole authority on the practice of law in thePhilippines should amend the reuirements in the admissioninto the ar.

Furthermore, if there are other constitutional pro!isions orlaws which may be in conflict to the %$&%' integrationspecifically the cross-border practice of Law will be amended orrepealed.

%. /iti=enship

/iti=enship is a !ery essential reuirement in theadmission to the ar in Philippines. /iti=enship reuirementcreated e


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%s discussed in the pre!ious part, legal educationreuirement ietnam and the Philippines has asubstantial difference in terms of Legal Practice

preparation. Thus, in order to insure competence in thecross-border practice of Law in the %$&%'. Legaleducation must be standardi=ed. Mherein, the %$&%'must set standardi=e curriculums and the same legaleducation techniues that are thought in Law schools.

Furthermore, The %$&%' must set standardi=elegal training reuirement such as internships and legalprobations in the case of ietnam.

/. % ee the state % ofthe country He would li>e to practice into.

ibliography


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